                                 CODE OF VIRGINIA

COMPLIANCE WITH CONDOMINIUM INSTRUMENTS (§ 55.1-1915)

A. The declarant, every unit owner, and all those entitled to occupy a unit
shall comply with all lawful provisions of this chapter and all provisions of
the condominium instruments. Any lack of such compliance shall be grounds for an
action to recover sums due, for damages or injunctive relief, or for any other
remedy available at law or in equity, maintainable by the unit owners&#8217;
association or by its executive board or any managing agent on behalf of such
association or, in any proper case, by one or more aggrieved unit owners on
their own behalf or as a class action. A unit owners&#8217; association shall
have standing to sue in its own name for any claims or actions related to the
common elements as provided in subsection B of &#xA7; 55.1-1956. Except as
provided in subsection B, the prevailing party shall be entitled to recover
reasonable attorney fees, costs expended in the matter, and interest on the
judgment as provided in &#xA7; 8.01-382. This section does not preclude an
action against the unit owners&#8217; association and authorizes the recovery,
by the prevailing party in any such action, of reasonable attorney fees, costs
expended in the matter, and interest on the judgment as provided in &#xA7;
8.01-382 in such actions.

B. In actions against a unit owner for nonpayment of assessments in which the
unit owner has failed to pay assessments levied by the unit owners&#8217;
association on more than one unit or such unit owner has had legal actions taken
against him for nonpayment of any prior assessment and the prevailing party is
the association or its executive board or any managing agent on behalf of the
association, the prevailing party shall be awarded reasonable attorney fees,
costs expended in the matter, and interest on the judgment as provided in
subsection A, even if the proceeding is settled prior to judgment. The
delinquent unit owner shall be personally responsible for reasonable attorney
fees and costs expended in the matter by the unit owners&#8217; association,
whether any judicial proceedings are filed.

C. The condominium instruments may provide for arbitration of disputes or other
means of alternative dispute resolution. Any such arbitration held in accordance
with this subsection shall be consistent with the provisions of this chapter and
Chapter 21 (&#xA7; 8.01-577 et seq.) of Title 8.01. The place of any such
arbitration or alternative dispute resolution shall be in the county or city in
which the condominium is located or as mutually agreed by the parties.

HISTORY: 1974, c. 416, § 55-79.53; 1975, c. 415; 1993, c. 667; 1996, c. 977;
2012, c. 758; 2014, c. 569; 2019, c. 712.